Bishop

Bishop v. City of Henderson

Good Law
49 F. App'x 706
United States Court of Appeals for the Ninth CircuitOctober 21, 2002Nos. 01-16854, 01-16907; D.C. No. CV-97-00876-PMP/RJJ; D.C. No. CV-97-00876-PMPCalifornia376 words

Opinion

Lead Opinion

MEMORANDUM ***

Kevin Bishop (“Bishop”) appeals pro se the district court’s order, on remand from this Court, awarding the City of Henderson (the “City’) and City officials attorneys’ fees in the amount of $24,141.88 under 28 U.S.C. § 1927 , arising from Bishop’s 42 U.S.C. § 1983 action against the City. Bishop v. City of Henderson, 242 F.3d 380 , 2000 WL 1612157 (9th Cir.2000). The City cross-appeals, and requests additional attorneys’ fees under 28 U.S.C. § 1927 and penalties under Fed.R.Civ.P. 11.

The district court did not abuse its discretion when it decided to impose attorneys’ fees under 28 U.S.C. § 1927 . See Gomez v. Vernon, 255 F.3d 1118, 1134-35 (9th Cir.2001). However, the district court mistakenly awarded the City 95% of the “initial award,” made on September 14, *708 1999, without considering the district court’s amended order of March 2, 2000. We conclude that the district court should have awarded the City 95% of $26,112.50, or $24,806.88, for attorneys’ fees. Therefore, as to Bishop’s appeal, we affirm.

On the issue of the City’s cross-appeal for additional attorneys’ fees, the City incurred $20,700 (165.6 hours x $125 per hour) in attorneys’ fees subsequent to…

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